BNP bus driver wins battle against sacking over politics

A bus driver, who was sacked for being a member of the BNP back in 2004, has finally won a legal battle to prove that his dismissal was a breach of his human rights.

The fight has seen plenty of u-turns by various courts, and now the European Court of Human Rights has found in his favour.

Sacked

Arthur Redfearn, 56, was sacked from his job driving a bus in Bradford, West Yorkshire, where he drove largely Asian clients with learning disabilities. He had worked for Serco as a driver from December 2003 until June 2004.

At the point he was let go, he had just been elected as a local councillor for the BNP, and there had been complaints about his politics from other employees.

Race

He took legal action immediately. That August he made a claim on the grounds of race discrimination, but that was dismissed by an employment tribunal. It ruled that his employment could cause anxiety among his passengers, that vehicles could come under attack from opponents of the BNP - and that there were therefore health and safety grounds for his dismissal.

He appealed the following July, and successfully argued that his employers could have considered alternatives to sacking him.

Then Serco appealed the following May, and the court found in their favour - on the grounds that Redfearn's complaint had been political rather than racial - which is not regulated by discrimination legislation.

Human Rights

Redfearn then turned to the European Convention on Human Rights, and argued under Article 11 that he had been discriminated against because of his political affiliation. The judges agreed 4-3 that he had.

Its judgement stated: "The Court was struck by the fact that he had been summarily dismissed following complaints about problems which had never actually occurred, without any apparent consideration being given to the possibility of transferring him to a non-customer facing role."

It added: "A legal system which allowed dismissal from employment solely on account of an employee's membership of a political party carried with it the potential for abuse and was therefore deficient."

Add a Comment

91 Comments

Filter by:

homeofyahweh

Our rulers have decided to sell Britain down the line. For instance Tower Hamlet has signs up saying it is ruled by Sharia law. What is going on. Have our rulers become son uselss that they cant see this is wrong?Even if you dont agree with BNP policy they hve a large following plus they are a reconised Party. Clearly it is not legal to fire someone out of hand just like that using your imaginating to create things thast may or may not happen as Justification. YahwehnewsCom

Don't forget the English were once ruled by the Romans, who crucified people, We were invaded by the Vikings who set up the Dane Law and were beaten at The Battle of Hastings by The Normans. And we survived Nazi bombing in WW2; the English will always overcome anything or anybody. Our real problem is our choice of politicians giving away our freedoms.

This is a classic example of mob rule, or the fear of mob rule, which is even worse. That his employers felt the need to sack him because of the possibility the passengers or "their kinsmen and supporters " could object or damage the buses means that they ruled the roost with the blessings of the employer. What is also being said by that that if there is no property that could be damaged, there would be no reason to sack him, but in any event, it was the mob in the employer's judgement who were the persons whose beliefs and potential actions were the most important considerations. All that is just a front for sacking someone because of his political beliefs, which is unbelievable and downright disgusting. It was the employers and the various Tribunals, Courts and Judges right up, to the European Court of Human Rights who were acting and behaving as NAZIS!!. No doubt about it. To sack someone because of his political views is NAZISM!. Now the Policemen and teachers who were also sacked because of their membership of the BNP should wade in and sue with gusto. Whether one believe in the tenets of the BNP is immaterial.

how come when people want to comment the truth the comments are took off its just give off all these ileagal immigrants that the cant find are going to get amnesty this happens every time the government cant do its job and people wonder why the british people are pissed off lets face it the mp s are not bothered

Good decision.. this country seems to be a free country for some but not for others how can this be.. how can we be a democratic society when we say some peoples views are acceptable but others are not.. especially if the views held are by people who observe the law. We all have a right to an opinion even if that is unpalletable to some and what amazes me is that when the boot is on the other foot it is deemed acceptable.. there is ore than one way to be racist, such as non-integration to the society you live in, holding barbaric beliefs in the name of religion from the 18th century and being intolerant to other cultures and their ways. If people were just people we would all be alright !!

Free speech is still legal as far as I know, so why shouldnt the bnp state their case against illegal immigration in the uk, if that is this man's belief who is going to make him change his mind? You get called a racist if you say one word against them, time for us all to stand up and say enough!!!! get the illegals out now and no more appeals for rotten lawyers to feed off